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“HearingAidDr” dBA One Click Hearing, Inc. http://www.HearingAidDr.com is our domain name used throughout the following Terms and Conditions.

Terms and Conditions (“HearingAidDr” dBA One Click Hearing, Inc.)

Thank you for choosing our site and we are happy you have decided to use our services including, but not limited to, our technologies or functions offered on our website and all related sites, applications, customer service team, Audiologists, hearing aid specialists, and third-party vendors, all of which we refer to simply as the “Services.” HearingAidDr may be referred to as “Hearing Aid Dr”, “HearingAidDr dBA One Click Hearing, Inc., “we”, “us”, “our”, or “The Company” and the following terms of service govern the use of this website. “Customer”, “You” and “Your” refers to you, the person using this website, and by doing so, accepts our Terms of Service. Please read the Terms of Service carefully. The company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time.The terms of service may change, and the new terms will become effective as of the date of publishing.

We do not offer professional advice.

Any information supplied through this website or by any of our employees or agents, whether by telephone, e-mail, letter, fax or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. It is important that you do not make medical decisions without first speaking to a healthcare professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

Permitted Use

The site is not intended for use by anyone under 18 years of age. We do not sell products for purchase by children and do not sell hearing aids for children on this site. You may not use the site for anything unlawful or prohibited by these terms of service. We reserve the right to refuse service, discontinue transactions or cancel orders at our sole discretion.

HearingAidDr does not sell products for purchase by children under 18 years of age. Please do not submit any personal information if you are under 18 years of age.

Audiogram

Before making a hearing aid purchase from “HearingAidDr”, you must submit your audiogram (dated within the last 6 months) or if you do not have one, you can take our FREE online hearing test. We will set up a Tele-Health consult with one of our Audiologists and/or Hearing Aid Specialist to discuss your hearing loss and your options for hearing aids.

Medical Waiver

When purchasing a hearing aid from HearingAidDr, you acknowledge that you are 18 years of age or older and that you have been advised by us that the Food and Drug Administration has determined that your best health interest would be served if you had a medical evaluation by a licensed physician (preferably one who specializes in diseases of the ear) before purchasing a hearing aid andthat you do not wish a medical evaluation before purchasing a hearing aid. Additionally, you confirm that you have read and agree to the full FDA waiver found on our website under resources, or on the FDA waiver page. This is a required part of the checkout process.

Reselling Products

You are prohibited from reselling in any manner any products you purchase from HearingAidDr, whether you purchased the products through the website or by any other means.

Limitation of Liability

In no event will HearingAidDr or any party involved in creating this service be liable for any direct, indirect, special punitive damages and costs of any kind and without limitation including health problems, incidental and inconsequential damages, arising out of your access, use, misuse, or inability to use the site, or in connection with any failure of performance of the site, or in the offering of any remote care offered by HearingAidDr.

HearingAidDr reserves the right to alter the site, and all its content, in any way, for any reason, at any time, without prior notice, and will not be liable for possible consequences of such changes. These limitations apply even if HearingAidDr has been advised of the possibility of such damages. In any case where states or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the liability in such jurisdictions shall be limited to the extent permitted by the law.

Site Content

Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without HearingAidDr’s express prior written consent.

Indemnification

Upon a request by HearingAidDr, you agree to defend, indemnify and hold HearingAidDr, its officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate these Terms of Service.

Links to Other Sites and to the Direct Hearing Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Hearing Aid Dr’s control, and Hearing Aid Dr is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make Your own independent judgment regarding Your interaction with these Linked Sites.

Disclaimers

HEARING AID DR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

Hearing Aid Dr reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Should Anything else go her regarding disclaimers????

Limitation of Liability

Except where prohibited by law, HEARING AID DR WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

In no event will Hearing Aid Dr or its affiliates, or any party involved in creating, producing or delivering the Services, be liable for any direct, indirect, special or punitive damages and costs (including, without limitation, health problems, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) arising out of your access, use, misuse or inability to use the Site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the liability in such jurisdictions shall be limited to the extent permitted by the law.

Violation of These Terms of Service

Hearing Aid Dr may disclose any information we have about You (including Your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Hearing Aid Dr’s rights or property, or the rights or property of visitors to or users of the Site, including Hearing Aid Dr’s customers.

Hearing Aid Drreserves the right at all times to disclose any information that Hearing Aid Dr deems necessary to comply with any applicable law, regulation, legal process or governmental request. Hearing Aid Dr also may disclose Your information when Hearing Aid Dr determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Hearing Aid Dr may preserve any transmittal or communication by You with Hearing Aid Dr through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Hearing Aid Dr determines that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms of Service, (c) respond to claims that any such data violates the rights of others, or (d) protect the rights, property or personal safety of Hearing Aid Dr, its employees, users of or visitors to the Site, and the public.

You agree that Hearing Aid Dr may, in its sole discretion and without prior notice, terminate Your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by You (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Hearing Aid Dr does take any legal action against You as a result of Your violation of these Terms of Service, Hearing Aid Dr will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Hearing Aid Dr. You agree that Hearing Aid Dr will not be liable to You or to any third party for termination of Your access to the Site as a result of any violation of these Terms of Service.

Hearing Aid Dr., dBA One Click Hearing, Inc.
53-59 Public Square
Watertown, NY 13601
1-866-910-4327 (HEAR)

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